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    <title>1988 (10) TMI 6 - CALCUTTA High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=23545</link>
    <description>A statutory bar stating that no suit, claim or action &quot;shall lie&quot; against a benamidar was construed to extend to execution proceedings enforcing a decree based on a benami claim. The language was treated as prohibiting both the institution and the continuance of proceedings, not merely fresh proceedings, and the legislative object supported barring enforcement of benami rights after commencement. On that reading, even pending execution proceedings were covered, and the order directing delivery of possession was liable to be set aside. The later Benami Transactions (Prohibition) Act, 1988 was noted as continuing the same substance through section 4.</description>
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    <pubDate>Wed, 12 Oct 1988 00:00:00 +0530</pubDate>
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      <title>1988 (10) TMI 6 - CALCUTTA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=23545</link>
      <description>A statutory bar stating that no suit, claim or action &quot;shall lie&quot; against a benamidar was construed to extend to execution proceedings enforcing a decree based on a benami claim. The language was treated as prohibiting both the institution and the continuance of proceedings, not merely fresh proceedings, and the legislative object supported barring enforcement of benami rights after commencement. On that reading, even pending execution proceedings were covered, and the order directing delivery of possession was liable to be set aside. The later Benami Transactions (Prohibition) Act, 1988 was noted as continuing the same substance through section 4.</description>
      <category>Case-Laws</category>
      <law>Benami Property</law>
      <pubDate>Wed, 12 Oct 1988 00:00:00 +0530</pubDate>
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